New rules could threaten small adult foster homes

Organizations that represent adult foster care homes and homes for the aged say proposed state rules now under draft could put some Mom and Pop homes out of business.

The coalition, made up of organizations that represent care providers or own homes, has been making the rounds of media outlets, saying the rules allow homes with unionized staffs to meet some state quality standards merely by having unions. Instead, the state should put more emphasis on outcomes and consumer satisfaction, they say. But a union official says having collective bargaining is one way to ensure workers at such homes are adequately paid and work in safe conditions.

"We haven't seen a standard like this in the history of our regulations," or for more than 30 years, said Kathleen Murphy, general counsel of the Michigan Assisted Living Association, a statewide trade group. She said at least 90 percent of staff working in licensed homes are not affiliated with a union.

"It's a highly independent workforce," she said. "I think it's working well the way it is."

But Nick Ciaramitaro, director of legislation and public policy for the American Federation of State, County and Municipal Employees, said there's a serious problem in this industry with workers who don't have adequate pay and benefits. That has meant much staff turnover.

"We in … society pay people more money for flipping French fries than for taking care of our parents, grandparents or children," he said "Over 50 percent of the people working in the industry tend to work at least two jobs, often three, amounting to 40 to 60 hours (a week)" and half of workers are eligible for Medicaid, food stamps or both.

Ciaramitaro said the rules should require that for a home to be licensed or certified and to accept residents, it should demonstrate the ability to attract and retain "sufficient and trained staff." Having a collective bargaining agreement should be evidence that employees are paid sufficiently, he said.

Gail Ronquist, who owns an AFC home in Williams Township and one in the Upper Peninsula, said she doesn't believe she needs a union to ensure decent working conditions. She pays $7 an hour or a salary of $1,200 a month for a job she called "glorified baby-sitting" because her residents can take basic care of themselves or else Ronquist calls in a hospice caregiver. Mothers who work at her homes may take their children to work.

The coalition has other problems with the proposed rules. Homes would be required to have health and safety and safe staff committees that would meet regularly and have minutes and accompanying paperwork. Murphy said the committees are arduous and don't allow for flexibility.

Another proposed change would affect the way homes track data, said Deborah Pettyplace of Central State Community Services, which operates group homes. Homes keep a set of data that includes such information as incident reports. The state visits the home and inspects the data. But the new draft would have homes put the data into a computer database linked to the state, and she believes the extra work would be burdensome or even ridiculous.

With only so much money to go around, "how do you increase staff to do the administrative work?" asked Linda Lawther of the Michigan Center for Assisted Living, another statewide trade group.

Sara Kindy, who operates a local 10-person licensed AFC home, said she knows little about the rules but said operators like herself have enough paperwork to do as it is.

"If a home can't afford a computer, the state shouldn't enforce it," she said.

Ronquist said she believes requiring reports to be on a database interferes with residents' privacy.

How to make comments

Maureen Sorbet, spokesperson for the Michigan Department of Human Services, stressed that the rules are in the development stages, and said the state welcomes comments on them.